Helpful and Frequently-Violated CC&R Rules

Section 10.2 - Enforcement

10.2.1 Generally- The Association, any Owner, including Declarant as an Owner, or the City as a third party beneficiary, shall have the right, but not the obligation, to enforce compliance with the Project Documents in any manner provided by law or in equity, or in bringing an action for damages, an action to enjoin the violation or to specifically enforce the provisions of the Project Documents... In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents against any Owner, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date less any grace period provided, or if #1525986v4 -47- DOC #2023-0297683 Page 55 of 73 advanced or incurred by the Association or any other Owner pursuant to authorization contained in the Project Document commencing fifteen (15) days after repayment is demanded. Except as otherwise provided, the Association or any Owner(s) shall have the right, but not the obligation, to enforce, in any manner permitted by law or in equity, any and all of the provisions of this Declaration. 

Section 16.2 - Owner's Compliance 

Each Owner, tenant or occupant of a Home shall comply with the provisions of this Declaration, and (to the extent they are not in conflict with the Declaration), the Project Documents and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover all Additional Charges, for damages, for injunctive relief, or to enforce such provisions, decisions or resolutions. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in the Project Documents shall be deemed to be binding on all Owners, their successors and assigns.

Section 16.14 - Conflict with Project Documents

If there is a conflict among or between the Project Documents, the provisions of this Declaration shall prevail; thereafter, priority shall be given to Project Documents in the following order: Articles, Bylaws, and Association Rules.

Section 2.57 - Permitted Parking Areas

"Permitted Parking Areas” shall mean driveways and garages that are designed and established for the parking of Authorized Vehicles. Permitted Parking Areas may also include those areas determined to be such areas by the Board of Directors as part of the Association Rules. Permitted Parking Areas do not include Motor Courts, sidewalks, driveway or garage aprons, streets marked with "No Parking" signs and/or red-painted curbs, or adjacent residential, commercial or industrial properties. Use of the Permitted Parking Areas is described in Section 4.28 of this Declaration. 

Section 4.3 - Animals 

An Owner may keep a reasonable number (as may be determined by the Board in its sole discretion and in accordance with local ordinances) of customarily uncaged household pets within the Owner's Home. Each Owner may also maintain a reasonable number of small caged animals, birds or fish. No other animals are permitted in the Project. No animals may be kept for commercial purposes. No animals, livestock or poultry of any kind shall be raised, bred or kept in any Lot, except that dogs, cats, and other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Notwithstanding the foregoing, no pets may be kept on or in any Home or anywhere in the Project that results in an annoyance or nuisance to other Owners. Owners shall take reasonable measures to quiet a barking dog whether or not the Owner resides in the Home. The Association may prohibit the keeping of any animal that in the sole and exclusive opinion of the Board constitutes a nuisance to any other Owner. No pets shall be allowed in Association Property except as may be permitted by Association Rules. No dog or cat shall enter Association Property except while on a leash that is held by a person capable of controlling it. Owners shall prevent their pets from soiling any portion of the Association Property and shall clean up after their pets in the Association Property.

Section 4.28 - Parking and Vehicle Restrictions 

All parking within the Project (including enforcement of parking by the Association) shall comply with this Declaration and any Association Rules. There is limited street parking within the boundaries of the Project, and curbside parking may be limited to only one side of the street. The Association shall enforce its respective parking restrictions by all lawful means, including the levying of fines, citing and towing of any violating vehicle. The Association shall contract with a towing company to remove vehicles that violate the no parking restrictions and shall provide the Owners with a telephone number to report violations. The owner of such vehicle shall be responsible for all costs incurred to remedy the violation, including, but not limited to, towing costs, citations and legal fees. 

Section 4.28.1 - Garages 

(a) Garages are to be used for the parking of not less than two (2) Authorized Vehicles, or the storage of similar items of personal property so long as such storage of personal property will not necessitate or result in the parking of less than two (2) Authorized Vehicles in the garage. (b) Each Owner shall keep his/her garage area in a neat and orderly condition with any storage areas completely enclosed. (c) Garage doors shall be kept closed at all times except as reasonably required for entry to and exit from the garage. (d) Unless approved by the ACC and City, garages shall not be converted to living quarters, workshops or storage which will preclude the parking of the maximum number of Authorized Vehicles for which the garage was originally designed to hold. 

Section 4.28.2 - Parking

(a) Authorized Vehicles shall not be parked anywhere in the Project except in Permitted Parking Areas, as set forth in this Declaration. If the garages are fully occupied with the maximum number of Authorized Vehicles, parking is allowed on the driveway so long as the vehicle does not obstruct, block, impede or otherwise restrict the use of sidewalks or the adjacent street.

(b) There shall be no parking of any vehicle within the Motor Courts, as applicable, temporarily or otherwise. (c) Each Owner and resident, by accepting a deed to a Lot, consents to voluntary inspections of the garage by the Association to verify the parking availability as needed. (d) No boat, trailer, camper, off-road vehicle, golf cart, commercial vehicle, mobile home, motor home, bus, other recreational vehicle or any dilapidated vehicle or Prohibited Vehicle shall be parked or stored in any Permitted Parking Area. (e) Commercial Vehicles shall not be parked within the Permitted Parking Areas or the Project except for purposes of loading or unloading, and then for periods not in excess of six (6) hours. This restriction shall not apply to Commercial Vehicles involved in construction activities in the Project or Commercial Vehicles owned and operated by persons providing services during the time when the services are being rendered. 

4.28.3 - Towing

In addition to the remedies available under Section 10.2 of this Declaration, the Association may establish and implement rules and procedures from time to time under the California Vehicle Code and other statutes for the issuance of citations for violations of parking or vehicle restrictions set forth herein, for enforcement of civil penalties resulting from such citations through government authorities, if applicable, and for the removal and towing of any vehicles based on, but not limited to, California Vehicle Code Section 22658.